Payment shall be due within 30 days of invoice date, unless otherwise agreed to in writing by NWP. Product will be shipped and invoiced on completion unless otherwise agreed to in writing. 逾期未付的帐户将收取利率为1的利息.每月5%或适用法律允许的最高利率. For buyers who have not established credit with NWP, cash-in-advance is required.
这里所列产品的价格不包括所有城市, 州和联邦的销售税和消费税. 任何适用的, such tax or taxes will be added to the invoice as a separate charge to be paid by the Buyer.
报价 & 价格
价格如有变动，恕不另行通知. Written quotations automatically expire on the expiration date printed on the quotation (typically 30 days); however they are subject to termination by notice within that period.
这些条款和条件将取代任何规定, 条款, 以及任何确认订单所包含的条件, 或买方可能发出或收到的其他书面通知, and the rights of the parties shall be governed exclusively by the provisions, 条款, 以及田纳西州法律的规定, 不包括冲突法律条款和美国.N. 国际货物销售合同公约. Venue and jurisdiction for all disputes shall be in Davidson County, Tennessee. These 条款 and conditions cannot be changed or modified without the prior written consent of NWP. 没有交易过程, usage of trade or course of performance shall be relevant to explain or supplement these 条款 and conditions.
If NWP’s quotation is accepted and the Buyer’s order form is used for the purpose, it is expressly understood and agreed that the 条款 and conditions set forth herein shall prevail insofar as the same may in any way conflict with the 条款 and conditions set forth in such order form, and the issuance of such order by the Buyer shall be deemed to note the Buyer’s acceptance to these 条款 and conditions.
Buyer may cancel this order only upon written notice and upon payment to NWP of reasonable and proper cancellation charges based on expenses incurred and commitments made by NWP. The Buyer’s written cancellation notice must be acknowledged in writing by NWP.
NWP will not be liable for any delay in the performance of 订单 or contracts, 或在交货或装运的货物, 或买方因迟延而遭受的任何损害, 当这种延迟以任何方式引起火灾时, 洪水, 事故, 骚乱, 神的行为, 战争, 政府的干涉或禁运, 罢工, 就业困难, 劳动力短缺, 燃料, 权力, 材料或物资, 运输延误, or any other cause or causes (whether or not similar in nature to any of these herein before specified) beyond NWP’s reasonable control. All 订单 or contracts are accepted with the understanding that they are subject to NWP’s ability to obtain the necessary raw materials, 以及所有的订单和合同, 以及适用的装运, 是否受NWP当前工厂时间表的影响, 政府优先考虑的, 以及其他政府法规, 订单, directives and restrictions that may be in effect from time to time.
除非买方指定了运输方式和承运人, 数值天气预报可能, 自行决定, 选择运输方式和运输路线, and NWP shall not be liable for any damage or loss arising from such selection.
Delivery to common carrier at point of shipment shall constitute delivery to Buyer and Buyer shall assume all risk for subsequent loss or damage.
所有项目将开发票时，制造已完成. The total amount is due and payable whether items are shipped or 战争ehoused. 如果在全部订单完成之前分批发货, 装运数量将在装运时开具发票. Warehouse charges will begin from the date of the initial invoice or completion of the order whichever comes first. NWP将收取1美元的仓储费.每月入库货物发票金额的5%. Warehouse charges will be invoiced at the beginning of each 30-day period when applicable. 分数周期将作为一个完整的30天期间充电. The Buyer assumes all risks to its finished products in the form of damage or destruction due to fire, 盗窃, 洪水或天灾，由国家湿地公园储存.
NWP 战争rants the articles to be supplied hereunder to be free from defect in material and workmanship. 尽管有上述规定, 所有货物均按“原样”提供，不作其他保证, 表达, 隐含, 或者是法定的, 包括, 但不限于, 任何隐含的适销性保证, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE HEREBY 表达LY DISCLAIMED. The extent of any claim under 战争ranty or product liability shall not exceed the sales price of individual item. NWP对附带事件不承担责任, 重要的, 间接, 特殊的, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND; OR FOR LOST GOODWILL, 失去了利润, 失去业务, 保险费用或其他间接经济损失, 进一步包括财产损害, 该索赔是否基于契约理论, 疏忽, TORT (包括 STRICT LIABILITY) OR OTHERWISE AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER OBLIGATION, 无论NWP是否被建议, 还有其他原因吗, 或者事实上知道这种损害的可能性. IN NO EVENT SHALL NWP’S LIABILITY UNDER THESE TERMS AND CONDITIONS EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCT.
买方对产品或工艺缺陷提出的所有索赔, will be deemed waived if not presented within fourteen (14) days after Buyer’s receipt of shipment. No credit will be allowed to the Buyer for the return of any product, 有缺陷的或, 直到NWP发出返回相同文件的授权. NWP reserves the right to inspect the defects claimed at the Buyer’s place of business prior to issuing such authorization. Defective product not conforming to specifications so returned shall be replaced or repaired, 或代替这种更换或修理, 数值天气预报可能, 在其选项, 退还适用于此类产品的购买价格. 这样的替换, repair or refund is NWP’s sole liability and Buyer’s sole remedy for such defective product. NWP shall not be responsible for any damage or loss resulting from improper assembly of NWP’s products or for the use of NWP’s products for purposes other than those for which the products are designed. All returns that do not pertain to damage or defect will be assessed a 25% restocking and cost of shipping.
NWP在任何时候都有这个权利, 偶尔也会, 由于信用原因或买方违约, 停止发货, 全部地或部分地, 并召回运输中的货物, 夺回相同, and repossess all goods that may be stored with NWP for Buyer’s account, 无需任何其他程序. 所有商品召回, 被收回或收回将成为NWP的绝对财产, 买方将获得这些货物的全额信用. Nothing will limit the rights and remedies available to NWP under applicable law, including the Uniform Commercial Code in effect in Tennessee on the date of this document. 如果买方违约, Buyer will be liable to NWP for all such fees and expenses incurred by NWP, 包括律师费和其他费用.
These 条款 and conditions constitute the entire agreement between NWP and Buyer with respect to the purchase of NWP’s goods. Sections 3, 10 and 11 survive any termination of these 条款 and conditions.